Franchise Marketing for Upper House Legislators - myassignmenthelp

Question: Discuss about theFranchise Marketing for Upper House Legislators. Answer: Background The utterance of the word Senate, the collaboration of Upper House legislators in the Parliament can be attached. The characteristics of this group are skilled and experienced, as the decisions undertaken are of higher level and standards. As a matter of specification, the senate committee members undertake decisions on various subject matters. However, this assignment focuses on the exploitation of the workers possessing temporary visa. As a matter of specification, the issue of exploitation is indeed a matter of disgrace for a nation. In this crisis, the recommendations made by the Senate officials are a ray of hope for these workers. Countering this, the discussion, by shedding light on the pros and cons of franchising code of conduct in the workplace, measures the effectiveness of the phrase ray of hope[1]. Insight into the workplace aspects for franchisees In the workplace, the presence of code of conduct is a must in order to maintain order, harmony and decorum. Along with this, it guides the personnel to expose proper behavior for the enhancement of professionalism. This is applicable for each and every workplace. However, in case of the relationship between the franchisor and franchise, the code of conduct attains an important position. This is in reference to the situational conflicts, which arises between the parties due to difference of opinions. Delving deep into the process, companies and organizations hire franchisees in order to distribute the business operations equally, so that the projects at hand can be completed successfully[2]. Here, mere allocation of the franchisees does not serve the purpose. Efficient management techniques need to be applied for keeping a track of the performance and progress of the allocated tasks. Legislations are an important document for the companies and organizations in terms of avoiding the unwanted instances of crisis. Adherence and compliance to the code of conduct is crucial, for the franchisees, in terms of maintaining transparency in the business operations. One of the most important legislation in this direction is Fair Work Act (2009). The adjective fair relates to the possession of written drafts regarding the hiring of the franchisors and the responsibilities entrusted to them[3]. Absence of this draft makes the franchise marketing invalid, compelling the companies and organizations to encounter courtly interventions. This stains the reputation. Prior to indulging in contracts, both the franchisor and the franchise accept the terms and conditions by signing in a form, the written draft of which is preserved by the marketing personnel of the company. As a sequential step, a report is produced to the managers and board of directors regarding the acceptance of the offer of contract. In response of this, the higher authorities send an approval of the attached draft. This needs to be preserved as a record and evidence for averting any illegal instances. In spite of these evidences and records, companies and organizations indulge in illegal activities, especially in the contracts[4]. Difference of opinion has resulted in the advent of hostility between the personnel including the franchise and the franchisor. This has compelled the Senate members to recommend that in case of any violations in the code of conduct, the franchisor holds the right to fire the franchise agreement without any prior notice. However, there has to be valid grounds for this firing, absence of which questions the consciousness of the franchisor towards the activities, in which he indulges. Pros and cons of the proposed recommendation The first reading of the recommendation generates positive feeling in the minds of the readers. This is in reference to an assurance regarding revealing the indulgence into illegal activities. The major drive behind this is the word review. Review can be correlated to the courtly investigations, which itself discovers the violation of the code of conduct[5]. The aspect of termination is a matter of serious concern, as it puts the employment of the franchisees at stake. Neglecting the statements of the code of conduct is a disgrace for the companies and organizations in terms of reputation and status. In view of this connotation, the employment of the personnel attains a negative connotation. Another issue in this is the reasonable grounds for firing the franchise agreements. Countering this, agreement attains an important position in terms of the relationship between the franchisor and franchisees. This agreement is the evidence and proof of indulging in partnerships by both the parties. Rejection of the offer makes the contract invalid. Countering this, rejection of the offer does not result in the formation of contracts. If one of the parties accepts the offer and deviate from the terms and conditions, it is one of the reasonable grounds, which results in terminating the franchisees and the agreement stating their partnership in contracts[6]. There are various standards of performing the franchise contracts. Mainly these contracts occur on a state level. Within this, the government officials of law issues license for the companies to indulge into contracts such as franchisees. Adherence and compliance to the legal legislations and applying for the license is one of the positive aspects about the contractual agreements. Revealing conscious approach towards this adherence contradicts the aspect of termination in case of the franchise agreements. On the contrary, violation of the code of conduct or committing breaches in the contracts acts as a threat for the companies and organizations in terms of continuing their business operations in a legal format[7]. Herein lays the appropriateness of the aspect of cons. Taking cue from the reasonable grounds, absence of Franchise Disclosure Document (FDD) aggravates the complexities of the companies in terms of legal considerations. This absence indicates disobedience towards the laws prescribed by the state for legal execution of the business operations. Moreover, this absence is the negation of the experience and orders of the Federal commission members, which puts the employment of the higher authorities at stake. These instances contradict the true essence of the fairness, which is evident in the name of the legislation, Fair Work Act (2009)[8]. In view of this contradiction, the aspects fairness and work cannot be placed in the same alignment. Here, the legislation is nullified, which makes the discussion invalid. However, the aspect of termination generates positive vibes in this negative ambience. Termination, at the first instance, projects tragic plight of the franchisees. However, termination of the franchise agreements is not a matter of serious concern as it can be created a fresh. Countering this, the renewal process is time consuming and complicated, which needs stable financial conditions. To make the terminations reasonable, the franchisors need to be skilled and efficient. The evidence of this fact lies in sending justifications to the higher authorities regarding the terminated franchise agreements[9]. Inability to send these drafts excavates the inadequacy of the franchisors in terms of indulging into contracts after a thorough review of the terms and conditions. Pondering upon the aspect of notice, it is an intimation towards the other party regarding the steps undertaken by the first party for fulfilling the terms and conditions of the contract. In case of discovery regarding indulgence in illegal activities, not giving notice and terminating the franchise agreement is legally accepted. Warning can be issued to the opponent party regarding the modification in their behavioral approach towards the contract. Maintenance of consistency in the negligent attitude validates the aspect of termination without notice. However, certain exceptions are bound to occur within the tenure of the contracts, where termination of the franchise agreements is not at all valid[10]. The next issue of discussion is believe. In most of the cases, it is seen that the personnel lack reality while narrating the instances to the higher authorities. Herein lays the weakness of possessing inadequate skills and knowledge from the perspective of franchisor. The judge needs to reveal rational approach in terms of announcing the verdicts for the violations and breach of contracts. This rationality involves the consideration of each and every aspect starting from indulging into the contracts till the closure of the contracts[11]. Interrogating the personnel, keeping in mind the ethical considerations, proves beneficial for the companies and organizations regarding the unnecessary courtly investigations. The previous sentence contradicts the inner essence of the fairness, which is crucial in terms of attaining large scale customer satisfaction. The word amendment in the recommendation generates hope regarding its speedy implementation. Providing access towards considerations of the merits projected by the companies and organizations is an offer in terms of indulging only in activities, which are legally correct in the eyes of law[12]. Consciousness of the personnel towards adherence of the propositions of the legislations places the pros parameter on a higher pedestal than the cons. This connotation omits the prefix dis from the word disgrace and adds grace and legality to the business operations. References Atwell, Courtenay, and Jenny Buchan. "The Franchise Fulcrum: The Legal System's Contributions to Research about Power and Control in Business Format Franchising."Journal of Marketing Channels21.3 (2014): 180-195. Barreto, Paula Mena, et al. "Good Faith in Franchising."Int'l J. Franchising L.13 (2015): 17. Buchan, Jenny, et al. "Franchisor Insolvency in Australia: Profiles, Factors, and Impacts."Journal of Marketing Channels22.4 (2015): 311-332. Buchan, Jenny. "Deconstructing the franchise as a legal entity: practice and research in international franchise law."Journal of Marketing Channels21.3 (2014): 143-158. Buchan, Jenny. "Government Policy to Support Franchisees."Government, SMEs and Entrepreneurship Development: Policy, Practice and Challenges(2016): 227. Corones, Stephen G.Competition law in Australia. Thomson Reuters Australia, Limited, 2014. Emerson, Robert W. "Franchises as Moral Rights." (2014). Kellner, Ashlea, et al. "We are very focused on the muffins: Regulation of and compliance with industrial relations in franchises."Journal of Industrial Relations58.1 (2016): 25-45. Martin, Paul. "Business law: What's in a name?: Substance is key in franchise agreements."LSJ: Law Society of NSW Journal2.5 (2015): 86. Rahim, Mia Mahmudur, and Iolani Brady. "The Collective Bargaining Authorization Provision for SMEs in the Australian Competition Law: Serving or Distorting a Public Benefit?."Competition and Regulation in Network Industries16.3 (2015): 288-306. Wiseman, Andrew, and Julia Kovarsky. "Australia-Regulatory Reform and Case Law Update."Int'l J. Franchising L.12 (2014): 31. 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